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This is a must
reading before entering in any foreign exchange transaction especially margin foreign currency trading.
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U.S.
FOREIGN CURRENCY TRADING REGULATORS
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Commodity
Futures Trading Commission (CFTC) was
created by United States Congress in 1974 as an
independent agency with the mandate to regulate
commodity futures and option markets in the United
States. The agency protects market participants
against manipulation, abusive trade practices and
fraud. Through effective oversight and regulation,
the CFTC enables the markets to serve better their
important functions in the nation's
economy—providing a mechanism for price discovery
and a means of offsetting price risk.
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National
Futures Association ( NFA) National
Futures Association ( NFA) -
is a a congressionally authorized self-regulatory
organization for the U.S. futures industry, provides
innovative regulatory programs and services that
ensure futures industry integrity, protect market
participants and help its Members meet their
regulatory responsibilities. NFA also offers a
variety of cost-effective regulatory services to
electronic markets - services that sustain market
integrity, increase user confidence and add to the
value of the markets.
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Capital
Markets Compliance®, LLC
- specializes in providing regulatory guidance for
firms that offer securities products as well as
banks requiring market risk management reviews.
Clients range from one-person retail broker-dealer
operations to full-scale multi registered
representative broker-dealers, investment advisers,
investment bankers, bank affiliated broker-dealers,
state and national chartered banks, and financial
holding companies.
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CFTC
FOREIGN EXCHANGE TRADING ADVISORIES
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COMMODITY
FUTURES TRADING COMMISSION (CFTC) FOREX INFORMATION
(Source: CFTC Website)
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The Commodity Futures Trading Commission (CFTC) has
witnessed increasing numbers, and a growing complexity,
of financial investment opportunities in recent years,
including a sharp rise in foreign currency (forex)
trading scams. A new federal law enacted in December
2000, called the Commodity Futures Modernization Act of
2000 (CFMA), makes clear that the Commission has the
jurisdiction and authority to investigate and take legal
action to close down a wide assortment of unregulated
firms offering or selling foreign currency futures and
options contracts to the general public. In addition,
the CFTC has jurisdiction to investigate and prosecute
foreign currency fraud occurring in its registered firms
and their affiliates.
In
light of the CFMA, the CFTC has issued an Advisory
concerning the offering and trading of foreign currency
futures and options contracts involving the retail
public, and also revised and re-issued its 1998 Consumer
Alerton foreign currency trading to help the retail
public identify foreign currency trading scams. The
CFTC’s Advisory reaffirms that off-exchange trading of
foreign currency futures and options contracts with
retail customers by a counterparty that is not a
regulated financial entity as set forth in the CFMA is
unlawful.
In
its separate Consumer Alert, the CFTC warns consumers of
sales solicitations appearing in newspapers, radio or
television promotions, or attractive Internet websites,
touting high-return, low-risk investment opportunities
in foreign currency trading, and of highly paid
currency-trading employment opportunities. The CFTC
urges the public to be skeptical of such claims and
suggests some "red flags" to look for, and
cautionary steps to take, before trading foreign
currency products.
In addition to this
Advisory and Consumer Alerts, the CFTC has also issued
the following Consumer Alerts that are
posted on its Website at http://www.cftc.gov/cftc/cftccustomer.htm:
Updated
May 26, 2001
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CFTC
GUIDELINES BEFORE YOU TRADE
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Basics
Of Futures Trading
Trading commodity
futures and options is not for everyone. It is a
volatile, complex, and risky business. Before you invest
any money in futures or options contracts, you should:
- Consider your
financial experience, goals, and financial resources
and know how much you can afford to lose above and
beyond your initial payment.
- Understand commodity
futures and option contracts and your obligations in
entering into those contracts.
- Understand your
exposure to risk and other aspects of trading by
thoroughly reviewing the risk disclosure documents
your broker is required to give you.
- Know who to contact
if you have a problem or question.
The CFTC brochures
will provide you with general information about trading
commodity futures and options. We encourage you to ask
more questions and gather more information before you
open an account.
The CFTC also issues consumer
advisories to alert the public to warning signs
of possible fraudulent activity and offer precautions
individuals should take before committing funds. We
encourage you to review these advisories before you
trade.
Additionally, you may
wish to visit the National
Futures Association (NFA) Investor Services web site
for more information and related publications.
Broker
Registration and Background Information
Before
you open an account, you should always check on the
company's or individual's status:
Background Affiliation Status Information Center
(BASIC)
Through this online system, National
Futures Association (NFA) makes available
registration information and futures-related actions
contributed by NFA, the CFTC and the U.S. futures
exchanges. If you need registration information that's
not available in BASIC, you can contact NFA's
Information Center at (800) 621-3570.
Administrative
Sanctions in Effect List
This list contains the names of firms and individuals
that currently have registrations and trading sanctions
in effect as a result of administrative and statutory
disqualification proceedings.
Reparations
Sanctions in Effect Lists
These lists contain the names of individuals or firms
who have not paid awards which were levied against them
as a result of reparations proceedings.
Proceedings
Bulletin
This bulletin contains information about the
Commission's administrative and injunctive enforcement
actions and its statutory
disqualification-from-registration proceedings.
US
NFA REGULATORY STATUS OF A COMPANY OF INDIVIDUAL
Before you invest your
risk capital with any firm, perform due diligence by
researching the background of the company and management
team, and ensure that your money is appropriately
protected.
NFA's
Background Affiliation Status Information Center
(BASIC).
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US
Commodity Futures Modernization Act of 2000
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- Testimony
of Patrick M. Parkinson, Associate
Director, Division of Research and Statistics
Regarding The H.R. 4541, the Commodity Futures
Modernization Act of 2000 Before the
Subcommittee on Finance and Hazardous Materials of
the Committee on Commerce, U.S. House of
Representatives July 12, 2000
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HELPFUL
EBOOKS - FREE DOWNLOAD
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"Trading
in the Retail Off-Exchange Foreign Currency Market - What
Investors Need to Know" By NFA Futures, Copyright
2004, click
here to download. This booklet presents an overview
of the retail off-exchange foreign currency market and
provides other important information that investors need to
know before they invest in the off-exchange foreign currency
market.
- "Background
Affiliation Status Information Center (BASIC): An
Information Resource for the Investing Public"
By NFA Futures, click
here to download . This booklet describes how
to get important background information about futures firms
and individuals from NFA's Background Affiliation Status
Information Center (BASIC).
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OTHER
FOREX DUE DILIGENCE RESOURCES
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- Testimony
of Patrick M. Parkinson, Associate
Director, Division of Research and Statistics
Regarding The H.R. 4541, the Commodity Futures
Modernization Act of 2000 Before the
Subcommittee on Finance and Hazardous Materials of
the Committee on Commerce, U.S. House of
Representatives July 12, 2000
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